What Is the Difference Between a Concussion and a TBI?
New York City Concussion & Traumatic Brain Injury Lawyers
Understanding Brain Injuries And Your Legal Rights After An Accident In New York City
A violent impact in a car crash, fall, construction accident, or assault in New York City can change your life in seconds. Even if you feel “okay” right after the accident, a blow to the head can cause hidden brain damage that affects your memory, mood, balance, ability to work, and your relationships.
One of the most common questions our NYC brain injury clients ask is:
“Is a concussion the same thing as a traumatic brain injury (TBI)?”
In plain language:
- Yes, a concussion is a traumatic brain injury. It is a mild traumatic brain injury, often called an TBI.
- “Traumatic brain injury” or “TBI” is a broader term that includes mild, moderate, and severe brain injuries. Concussions sit at the mild end of the spectrum, while more serious TBIs can involve bleeding, swelling, and permanent disability or even death.
Even a “mild” concussion is still a brain injury, and it needs to be treated seriously by doctors, insurers, and the legal system.
At Greenstein & Pittari, LLP, our New York City concussion lawyers and TBI attorneys represent injury victims in Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Yonkers, and Nassau County. We understand both the medical and legal aspects of brain injury claims in New York.
Free Consultation, No Fee Unless Successful
Call 1-800-VICTIM2 (1-800-842-8462) now to speak with a New York City brain injury lawyer about your concussion or TBI case.
What Is A Traumatic Brain Injury (TBI) Under New York Law?
A traumatic brain injury (TBI) occurs when an external force disrupts normal brain function. That force can be:
- A blow or jolt to the head
- Rapid acceleration or deceleration, such as whiplash in a rear-end collision
- A penetrating injury, such as a fractured bone or debris entering the skull
In New York City, TBIs frequently result from:
- Motor vehicle accidents
- Car, truck, bus, motorcycle, taxi, Uber, Lyft, and MTA vehicle crashes
- Pedestrian knockdowns and bicycle accidents
- Slip, trip, and fall incidents on dangerous property
- Broken steps or missing handrails
- Wet or slippery floors in supermarkets and apartment buildings
- Uneven or cracked sidewalks and poorly lit stairs
- Construction and workplace accidents
- Being struck by falling objects or debris
- Assaults and physical attacks
- Sports and recreational injuries
Doctors generally categorize TBIs as:
- Mild TBI, often referred to as a concussion
- Moderate TBI
- Severe TBI
Common Symptoms Of A Traumatic Brain Injury
TBI symptoms depend on the severity of the injury and what part of the brain is affected. Warning signs can include:
- Persistent or worsening headache
- Repeated vomiting or nausea
- Loss of consciousness, from a few seconds to hours
- Confusion, disorientation, or memory problems
- Slurred speech
- Weakness or numbness in arms or legs
- Loss of coordination or difficulty walking
- Seizures
- Changes in mood, personality, or behavior
- Difficulty concentrating, organizing, or completing tasks
- Coma or decreased responsiveness in severe cases
Moderate and severe TBIs can cause long-term cognitive, emotional, and physical impairments. Many New York TBI victims require extensive rehabilitation and may never fully return to their prior level of functioning.
What Is A Concussion?
A concussion is a mild form of traumatic brain injury. It usually occurs when a bump, blow, or jolt to the head, or a substantial impact to the body, causes the brain to rush inside the skull.
There may be:
- No visible external injury
- No skull fracture
- Normal CT or MRI scans
Yet the person can still be dealing with a real, medically recognized brain injury.
Concussion Symptoms
Concussion symptoms can appear immediately or may develop over several hours or days:
- Headache or a feeling of pressure in the head
- Dizziness or balance problems
- Confusion, feeling “foggy,” or slowed thinking
- Nausea or vomiting
- Fatigue or low energy
- Sensitivity to light or noise
- Blurred or double vision
- Problems with concentration or short-term memory
- Irritability, mood swings, anxiety, or depression
- Sleep changes, including sleeping more or less than usual
Most concussions do not involve a loss of consciousness, which is one reason they are often overlooked after a New York City accident.
Concussion Symptoms In Children
Children and teens may not be able to explain how they feel fully. Watch for:
- Excessive crying or unusual irritability
- Clinging more than usual to a parent or caregiver
- Lethargy or lack of interest in favorite activities or toys
- Changes in sleeping or eating patterns
- Loss of recently learned skills or trouble following directions
If your child hit their head in a car crash, on a playground, at school, or in a sports event, and you notice any change in behavior or alertness, seek medical care right away and then speak with an NYC child injury lawyer.
How Brain Injuries Happen In New York City
Our concussion and TBI lawyers in New York City see brain injuries from:
Motor Vehicle Accidents
- Car and truck collisions on the FDR Drive, Cross Bronx Expressway, BQE, and local streets
- Taxi, Uber, Lyft, and livery vehicle crashes
- MTA bus accidents and subway-related incidents
- Pedestrian knockdowns and bicycle crashes in crosswalks and bike lanes
Falls And Premises Liability
- Slips on wet supermarket floors or restaurant spills
- Trips on broken stairs, loose handrails, or torn carpeting
- Falls due to uneven or cracked sidewalks and defective building entrances
- Poor lighting in stairwells, hallways, and parking garages
Construction And Workplace Accidents
- Falls from ladders, scaffolds, and roofs on New York City construction sites
- Being struck by falling tools, materials, or debris
- Unsafe equipment and lack of proper safety procedures
Sports, School, And Child Injuries
- Football, soccer, basketball, and gym injuries when concussion protocols are ignored
- School and daycare injuries from inadequate supervision
- Forcing a child to continue playing after a suspected head injury
Assaults And Acts Of Violence
- Physical attacks in buildings, on the street, or in bars and clubs
- Domestic violence and other intentional harm
In each of these scenarios, another person, business, or public entity may be legally responsible for your NYC brain injury.
When Should You Seek Medical Attention For A Head Injury?
With head injuries, always err on the side of caution. You cannot safely judge the severity of a brain injury by how someone looks or by how they say they feel.
Seek emergency medical care or call 911 immediately if you notice:
- Worsening or severe headache
- Repeated vomiting or nausea
- Increasing confusion, agitation, or unusual behavior
- Difficulty waking up or staying awake
- Seizures or convulsions
- Weakness, numbness, or loss of coordination
- Slurred speech
- Unequal or enlarged pupils
- Clear fluid draining from the nose or ears
Even if symptoms seem mild, you should:
- Get evaluated by a doctor as soon as possible
- Follow medical advice about rest and activity restrictions
- Attend all follow-up appointments, especially if symptoms do not improve
Adrenaline and shock after a New York accident can mask severe symptoms. Swelling or bleeding inside the skull is invisible from the outside. Early diagnosis protects both your health and your legal claim.
Diagnosing And Treating Concussions And Other TBIs
How Doctors Diagnose Brain Injuries
Depending on the situation, your medical providers may:
- Perform a neurological exam to test memory, balance, reflexes, and coordination
- Ask detailed questions about your symptoms and the accident
- Order imaging tests such as CT scans or MRIs when a more serious injury is suspected
- Use cognitive testing to evaluate attention, memory, and processing speed
- Observe you over time to see whether symptoms improve or worsen
A routine scan does not automatically rule out concussion or mild TBI. Many concussion injuries involve microscopic changes that do not appear on standard imaging.
Treatment For Concussions
Current concussion care typically includes:
- Short-term rest, both physical and mental
- Gradual return to work, school, and physical activity in stages
- Avoiding activities that could lead to another head impact during recovery
- Managing headaches, sleep problems, emotional changes, and concentration issues
- Follow up with a neurologist, concussion clinic, or specialist if symptoms persist
Treatment For Moderate And Severe TBIs
More serious traumatic brain injuries may require:
- Emergency surgery to relieve pressure or remove blood clots
- Intensive care to monitor brain pressure and vital signs
- Medications to control seizures, pain, and inflammation
- Inpatient or outpatient rehabilitation programs, including:
- Physical therapy to rebuild strength and mobility
- Occupational therapy to relearn daily tasks and job skills
- Speech and language therapy for communication and swallowing issues
- Cognitive rehabilitation to address memory, attention, and problem-solving
- Psychological support for depression, anxiety, and personality changes
Recovery from a concussion can take weeks. Recovery from a moderate or severe TBI can take months, years, or may remain incomplete, leaving permanent impairments that must be factored into any New York injury settlement or jury verdict.
Your Legal Rights After A Concussion Or TBI In New York City
After a brain injury in NYC, you may be facing:
- Growing medical bills and hospital charges
- Lost wages and missed time from work
- The loss of your career path or earning potential
- Costs of therapy, assistive devices, and medications
- Emotional distress, depression, and anxiety
- Strain on your marriage and family relationships
If someone else’s negligence caused your concussion or traumatic brain injury, you may have the right to pursue compensation under New York personal injury law.
Potentially responsible parties can include:
- Negligent drivers and vehicle owners
- Property owners and management companies that fail to correct hazards
- Employers and construction contractors who ignore safety regulations
- Nursing homes and care facilities that allow preventable falls
- Product manufacturers that sell defective equipment
- Elevator and building maintenance companies
- Municipal agencies such as the City of New York or the MTA
Damages You May Recover
A successful New York brain injury claim can include compensation for:
- Past and future medical expenses
- Emergency room visits, hospitalizations, and imaging costs
- Rehabilitation and therapy
- Medications, medical devices, and assistive equipment
- Lost wages and loss of future earning capacity
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life and loss of independence
- Home health aides, long-term care, and home modifications
In wrongful death cases involving a fatal brain injury, surviving family members may also seek damages for medical bills, funeral costs, lost financial support, and loss of companionship through a New York wrongful death claim.
Time is critical. Claims against public entities such as New York City or the MTA often require a Notice of Claim within 90 days, and most other personal injury claims have a general statute of limitations of three years from the date of the accident, with shorter deadlines for medical malpractice and wrongful death. Missing these deadlines can permanently bar your claim.
How Greenstein & Pittari, LLP Fights For NYC Brain Injury Victims
Brain injury claims are among the most heavily contested personal injury cases. Insurance companies regularly argue:
- “It was just a mild concussion.”
- “Your CT and MRI are normal, so you must be fine.”
- “Your problems are from stress, age, or something else unrelated to the accident.”
At Greenstein & Pittari, LLP, we know how to push back.
Our New York City brain injury lawyers:
- Work closely with neurologists, neuropsychologists, rehabilitation specialists, and life care planners
- Conduct a detailed investigation of how your accident and head injury occurred
- Preserve key evidence such as surveillance footage, incident reports, witness statements, photos, and inspection records
- Coordinate with your treating physicians to document your diagnosis, prognosis, restrictions, and future medical needs
- Calculate the full value of your damages, including long-term care, lost earning capacity, and future treatment
- Handle all communications with insurance companies so you can focus on healing
- Negotiate aggressively to reach a fair settlement, and take cases to trial when insurers refuse to pay what the law requires
Free Consultation, No Fee Unless Successful
Call 1-800-VICTIM2 (1-800-842-8462) now to speak with a New York City concussion and TBI attorney about your case.
Why Choose Greenstein & Pittari, LLP For Your NYC Brain Injury Case?
- Local Harlem office for convenience and trusted access in your community
- Seven convenient office locations across New York
- Harlem
- Bronx
- Brooklyn
- Queens
- Staten Island
- Yonkers
- Nassau County
- Our Fee Guarantee
- No fee unless we win your case
- Bilingual services available for Spanish-speaking clients
- Hundreds of positive reviews and client testimonials
- Top-rated, award-winning lawyers, including recognition from Best Lawyers and Super Lawyers
- We focus exclusively on personal injury law
- We handle the insurance companies so you can focus on medical treatment and recovery
Our firm’s motto is:
“Don’t Be a Victim Twice.”
Suppose you are the victim of a New York City accident, including crashes involving uninsured or underinsured drivers. In that case, we are ready to protect your rights and pursue the compensation you deserve.
FAQ: Concussions And TBIs In New York City
1. Is a concussion considered a traumatic brain injury in New York?
Yes. Medically, a concussion is a mild traumatic brain injury. Legally, both concussions and other TBIs are recognized as serious injuries when they affect your health, work, and daily life. A “mild” label does not prevent you from bringing a strong NYC brain injury claim.
2. Do I need a New York City lawyer if I only had a concussion?
You should at least consult a lawyer. Concussions can cause:
- Persistent headaches
- Problems with memory and concentration
- Sleep disturbance
- Irritability, anxiety, and depression
Insurance companies often minimize concussion claims and push for quick, low settlements. An experienced NYC concussion lawyer helps ensure your symptoms, limitations, and future risks are appropriately documented and valued.
3. What if my CT or MRI was standard?
A routine scan does not rule out a concussion or mild TBI. Many concussions involve subtle changes that do not appear on traditional imaging. Your case can still be strong if supported by:
- Emergency room and follow-up medical records
- Neurological and neuropsychological evaluations
- Documented symptoms over time
- Statements from family, coworkers, and friends about changes they observe
4. How long do I have to file a concussion or TBI claim in New York City?
In many New York personal injury cases, you have three years from the date of the accident to start a lawsuit. However:
- Claims involving the City of New York, the MTA, or other public entities often require a Notice of Claim within 90 days
- Medical malpractice and wrongful death claims have different and sometimes shorter deadlines
Because these time limits can be complex, you should contact an NYC brain injury attorney as soon as possible.
5. What if I had prior concussions or brain injuries?
New York law follows the “eggshell plaintiff” rule. A defendant takes you as they find you. If you were more vulnerable because of a prior concussion or brain condition, the negligent party is still responsible for aggravating or worsening your condition. Your medical history must be carefully evaluated and explained to the jury.
6. Who can be held liable for my concussion or TBI in NYC?
Depending on how your accident happened, potentially responsible parties may include:
- Negligent drivers and vehicle owners
- Commercial vehicle companies and their insurers
- Landlords, commercial property owners, and managing agents
- Employers and general contractors on construction sites
- Schools, sports leagues, and coaches who ignore concussion protocols
- Manufacturers of defective products and safety equipment
- City agencies and public authorities, in some instances
Your lawyer will investigate to identify all possible sources of compensation.
7. What if my child suffered a concussion at school or during sports?
Schools and sports organizations must follow reasonable safety practices and concussion protocols. If they ignore symptoms, fail to remove a child from play, or do not supervise properly, they may be held liable. Many of these cases involve public school systems or municipalities, which means shorter deadlines and special legal procedures. Could you speak with an attorney as soon as possible?
8. What if I did not go to the hospital right after my NYC accident?
Many people delay seeking care, especially if they think their symptoms are minor. While immediate treatment is ideal, a delay does not automatically destroy your case. We can often build strong claims using later medical records, witness statements, and your documented symptom history. However, the sooner you seek medical care and legal advice, the better.
9. How much is my New York City concussion or TBI case worth?
The value of a brain injury case depends on:
- The severity and duration of your symptoms
- The impact on your job, earning capacity, and daily activities
- The need for future treatment, therapy, and care
- The strength of the medical evidence and liability proof
At Greenstein & Pittari, LLP, we work with medical and economic experts to calculate full and fair compensation, rather than accepting the insurance company’s first offer.
10. How does Greenstein & Pittari, LLP help NYC brain injury victims?
Our firm:
- Offers free, confidential consultations
- Gathers medical records, accident reports, and expert opinions
- Investigates the fault and identifies all liable parties
- Handles all communications and negotiations with insurers
- Prepares every case as if it will go to trial to maximize your leverage
- Provides compassionate, clear guidance when you may feel overwhelmed and uncertain about the future
Talk To A New York City Concussion & TBI Lawyer Today
Suppose you or a loved one suffered a concussion or traumatic brain injury in a New York City car crash, fall, construction accident, assault, or any other incident. In that case, you do not have to face the medical and legal challenges alone.
Call Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) today for a free, no obligation consultation with an NYC brain injury lawyer.
- The call is free.
- The consultation is free.
- You pay no attorney’s fee unless we are successful. This is our Fee Guarantee.
We represent injury victims across Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Yonkers, and Nassau County.
Greenstein & Pittari, LLP
Authoritative advocacy. Compassionate support. Dedicated to protecting New York City accident victims and their families.